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TLaWC fighting for Rubicon River

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The North Central Review
The North Central Reviewhttps://ncreview.com.au/
The North Central Review is an independently owned newspaper publishing company based in Kilmore that is responsible for publishing two community newspapers each week, covering communities within the Mitchell Shire

A Licence that would have permitted a river in Victoria’s high country to be dammed and diverted was successfully challenged under Taungurung Land and Waters Council (TLaWC).

At a Preliminary Hearing at the Victorian Civil and Administrative Tribunal (VCAT), TLaWC tested the legality of plans by Rubicon Station Pty Ltd to divert the Rubicon River – a river of deep cultural significance to Taungurung people – by almost 600 metres through a private property near Rubicon.

On behalf of TLaWC, lawyers from public interest legal group Environmental Justice Australia (EJA) argued at VCAT in early June that the licence granted by Goulburn Murray Water (GMW) for the scheme was unlawful.

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EJA lawyer Bruce Lindsay said the tribunal clarified some important points about how rivers and waterways were managed.

“This is an important and ecologically healthy waterway to which the Aboriginal Traditional Owners have very strong cultural ties. These are matters of significant public interest. Maintaining an ecologically healthy waterway is in the public interest,” he said.

“Building private hydropower schemes on public waterways, for private gain, raises important questions of public policy. Where that might occur on healthy mountain streams, with strong Aboriginal cultural associations, invokes the need for careful scrutiny.”

VCAT tribunal then agreed late last month with TLaWC that GMWs decision to grant the licence to construct works was unlawful – however, the fight did not stop there.

TLaWC also argued that the licence would deviate the river, and that the water authority did not have the power to do this, but the tribunal did not accept this.

The tribunal set aside the licence to construct the work and sent it back to the decision-maker for reconsideration in accordance with the Water Act, which means that works cannot proceed lawfully until the decision-maker considers all licence applications.

TLaWC Chief Executive Matthew Burns said the decision to hold the licence for reconsideration was a partial win for the Taungurung Nation, ‘but the fight [was] not over.’

“The Rubicon River and the adjacent Camp Jungai are part of a broader cultural landscape on Taungurung Country that have deep connections with our history, Ancestors and our obligations to care for Country,” he said.

“Taungurung people have cared for this Country for 1000 generations, dedicated to keeping the waterways healthy and full.

“Our focus is to maintain Taungurung cultural values, limit negative environmental impacts and improve ecological conditions, advocating for healthy waterways to ensure everyone can enjoy these beautiful spaces on Taungurung Country for a thousand generations to come.”

Mr Lindsay said their client, TLaWC, will carry on following the next steps in the process closely.

TLaWC continues to insist that no licences for these works and diversion should be issued, maintaining that these actions would seriously compromise the environmental and cultural values of the waterway.

TLaWC is seeking financial support in protecting the location and the life of the flora and fauna that inhabit the area, commencing a fundraising campaign to cover travel costs, filing fees, and expert costs via www.taungurung.com.au/donation.

Donations can be made at www.taungurung.com.au/donation.

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